Genders and Partners

The Increasingly Common Problem of Undue Influence in South Australia

The Increasingly Common Problem of Undue Influence in SA

Modern medicine is helping us live longer life spans than ever before, but a good portion of the ageing population needs assistance from family members or other caregivers as time goes on. This dependency, coupled with the older person’s declining physical or mental state, unfortunately creates favourable conditions for a caregiver to manipulate the estate planning process for his or her own benefit. This is called undue influence, and when you consult with Genders & Partners for Wills & estate planning in Adelaide, we will do everything in our power to protect you from those who do not have your best interests at heart.

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Succession Planning For Your Business

Do you know what will happen to your business if one of your company’s shareholders dies or loses capacity?

Succession Planning For Your Business

If you are in a business with shareholders, your business faces a major potential threat if one of your fellow shareholders dies or becomes permanently incapacitated.

Business Succession Planning is part of modern integrated estate planning, and your interest in your business may be a substantial part of your personal net worth.  Good planning through buy/sell agreements and appropriate insurance can make all the difference. For many businesses, if no pre-existing arrangements are in place, the death of a shareholder can mean their shares in the company will go to the beneficiaries of that person’s deceased estate.

Genders and Partners

Estate Planning for Blended Families

Estate Planning for Blended Families

The term “blended family” refers to a cohabitation relationship in which one or both partners have children from previous relationships. People are often unaware, particularly in cases of unmarried couples and same-sex couples, about what they are legally entitled to when their partners die.

Having children from various relationships just adds to the confusion and often results in unintended consequences —even ex-spouses in some cases making claims against the estate. That is why you need the estate planning assistance of our seasoned estate planning team at the oldest law firm in South Australia.

At Genders & Partners, we will carefully study your family dynamics and help you work out a plan for the distribution of your estate that gives you peace of mind.

Genders and Partners

Estate Planning for Farmers in South Australia

Estate Planning for Farmers in South Australia

How many horror stories have you heard about farming families getting torn apart when the farm-owner dies?  In my work as a lawyer specialising in estate planning and probate, I’ve heard quite a few.

They often have a common theme – where a relative (typically a younger son) worked for low wages on the family farm for years, with the expectation that the property would be passed on to them after the owner’s death.

There is a sense of expectation & entitlement – of having earned their inheritance – often fuelled by a lack of discussion or planning by the old owner. Unfortunately, this scenario frequently creates significant problems within the family, especially if there is more than one child wishing to benefit from the farm.  Often the farmland and the business it supports are the major assets of the deceased estate.  It can be difficult enough to generate a decent income from the whole – breaking up the farm to give every child a share may mean that the family farming business cannot continue to be viable.